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Walter Musi Anyanje v. Hilton International Kenya Ltd & Tom Njiri

(2008) JELR 94823 (CA)

Court of Appeal  •  Civil Appeal 269 of 2003  •  11 Jul 2008  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



The appellant had sued the respondents in the superior court at Nairobi for defamation and wrongful termination of his services. In a judgment delivered by the Commissioner of Assize (Alnashir Visram as he then was), on 1st March 2001 the learned Commissioner of Assize dismissed the appellants’ suit with costs.

Being dissatisfied with that decision the appellant appealed to this Court and in a Memorandum of Appeal dated 21st day of October 2003 and lodged in the Court’s Registry on 22nd day of October 2003, the appellant has six grounds of appeal; namely:

1. The learned Commissioner of Assize erred in law by mismanaging the trial to the point of denying both the plaintiff and the defendants proper justice by directing simultaneous filing of submissions from parties, he short circuited the rules of procedure and did not give parties opportunity to address court make rebuttals, then proceeding to make a decision/judgment on jumbled written submissions which do not hav…

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